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Wiand v. Lee

Citation: 
No. 13-10448 (11th Cir. June 2, 2014)
Ruling: 
The primary holdings were that (i) a transfer made in furtherance of a Ponzi scheme establishes as a matter of law actual intent to hinder, delay or defraud under Florida's version of the Uniform Fraudulent Transfer Act without the need ...
Judge(s): 
Circuit Judges Martin and Anderson, and U.S. District Court Judge Fuller, Middle District of Alabama
Read on...

DeGiacomo v. Traverse (In re Traverse)

Citation: 
United States Court of Appeals for the First Circuit, No. 13-9002 (May 23, 2014)
Ruling: 
Reversing the lower courts, the First Circuit concluded that when an undefaulted mortgage lien is avoided and preserved for the benefit of the Estate under Code sec. 551, and when the value of the property is less than the total ...
Judge(s): 
Torruella, Howard and Kayatta
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Scheider, Jr. v. Deutsche Bank National Trust Co.

Citation: 
Case No. 13-1821 (4th Cir. May 21, 2014)
Ruling: 
The Fourth Circuit Court of Appeals affirmed the decision of the United States District Court for the District of South Carolina at Beaufort granting summary judgment in favor of the defendants.
Judge(s): 
Before Motz, Diaz and Floyd, Circuit Judges
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Branch Banking & Trust Co. v. Construction Supervision Services, Inc. (In re Construction Supervision Services, Inc)

Citation: 
Branch Bank. & Trust Co. v. Constr. Super. Servs., Inc., Case No 13-1560 (4th Cir. May 22, 2014)
Ruling: 
Unperfected subcontractors lien is an interest in property as of the petition date for section 362(b)(3) and 546(b) purposes despite not having served notice of (i.e. perfected) such lien under state law pre-petiton. Subcontractors qualified under section 362(b)(3) exception ...
Judge(s): 
King, Shedd, and Wynn
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Collett v. Lee Oil Co (In re Collett)

Citation: 
Case No. 13-8033; File Name 14b0004n.06
Ruling: 
Party's pre-petition initiation of criminal proceedings for criminal theft against debtor, and post-petition cooperation with county attorney, did not constitute violation of automatic stay. Panel declined to rule whether Section 362(b)(1) is an absolute bar to stay violation proceedings ...
Judge(s): 
Emerson, Harrison, Lloyd
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